Please read this document carefully. It contains important information regarding your rights and obligations as a user, including limitations and exclusions that may apply to you.
These terms and conditions apply to the purchase of products (“Products”) through https://www.magnetic-midnight.com (the “Website”). By visiting our site or purchasing something from us, you agree to be bound by, and accept, these terms and conditions. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Order Acceptance and Cancellations
- Payment Terms
- Changes in Products and Pricing
- Shipping Fees, Taxes and International Duties
- Shipping Policy
- Advertising Disclaimer
- User Accounts and Personal Information
- Prohibited Uses
- Intellectual Property
- Limitation of Liability
- Third Party Content
- Contests and Promotions
01. Order Acceptance and Cancellation
Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment. If your credit card has been charged and your order is canceled, we will issue a refund to the original payment source or account in the amount of the charge and notify you that your order was canceled. Promotions will be refunded and reactivated in your account, as long as the promotion has not yet expired.
Orders may be canceled any time before the order is packed by contacting firstname.lastname@example.org as soon as possible. You will receive a full refund, including any shipping, duties, and/or regional taxes.
02. Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
All orders are subject to verification for security reasons. From time to time, you may be contacted and will have 48 hours to complete the verification process. If you do not respond within such time, you will be notified and the order will be canceled and refunded to the original payment method.
Payments will be processed in United States dollars. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. Payments made on debit/credit cards outside of US Dollars will be calculated using a standard currency conversion on the day of transaction. You agree that Magnetic Midnight LLC is not responsible for any credit shortages due to currency conversion rates.
For all in stock and out of stock products, you will be required to pay the full amount due plus any shipping fees associated with the Product at the time you place your order.
For all domestic US orders, a sales tax will be charged in accordance with your billing address. For all international orders, taxes will be assessed through the customs and you will be expected to pay any taxes/duties and customs fees associated with your import.
03. Changes in Products and Pricing
We are constantly updating and revising our offerings of Products, and we may discontinue certain Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other circumstances. If the price of an order changes after you’ve paid for it in full or after you’ve paid the down payment, your order will be canceled and your payment refunded.
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or other error in pricing or Product information, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will issue a refund in accordance with our Return Policy, as set forth below.
04. Shipping Fees, Taxes and International Duties
If you are shipping within the United States of America, sales tax may be charged on your order, depending on the location of your billing address. For Products shipped within the domestic United States, all shipping fees and taxes will be assessed at the time you place your order for the Product. No other tax or import duty will be applied to orders shipped within the United States.
Orders shipped from our US location will be sent via UPS within the domestic United States. All international orders will be fulfilled through DHL.
For all Products shipped internationally, shipping fees will be charged at the time you place your order for the Product. However, import taxes, and duties will be charged to the recipient when the order is received. The costs of shipping and any import taxes, and duties paid are non-refundable.
As the recipient, you will be responsible and liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these amounts will be necessary to release your order from customs on arrival.
05. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. Please check the shipping options at checkout for specific delivery options and fees. No C.O.D. orders can be accepted.
Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
All orders are dispatched with ‘No Signature Required’ and may be left at a residence deemed safe by the delivery company. Magnetic Midnight LLC is not responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature. If you prefer to have your order shipped with ‘Signature Required’ please contact email@example.com so that we may make such arrangements. Magnetic Midnight LLC is also not responsible for any international shipping delays caused by the customs clearance process.
By placing an order with us, you hereby accept these shipping terms, including the terms set forth on our Shipping and Returns page.
06. Advertising Disclaimer
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are always accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.
07. User Accounts and Personal Information
You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time and in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
08. Prohibited Uses
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose, including in any way that violates any federal, state, local or international law or regulation; (b) to solicit others to perform or participate in any unlawful acts, including in any way that violates any federal, state, local or international law or regulation; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, including on the basis of any protected classes; (f) to submit false or misleading information, including to impersonate or attempt to impersonate us or a Mola Sasa employee; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features or proper functioning of the Website or any related website, other websites, or the Internet; or (l) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
09. Intellectual Property
10. Limitation of Liability
In no event shall we, or our suppliers, have any obligations or liabilities to you, or any other person, for loss of profits, loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Website. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.
Products that are received damaged are considered faulty. Items that become damaged as a result of normal wear and tear are not considered to be faulty. Magnetic Midnight LLC will determine, in its sole judgment and discretion, whether the damage is as a result of normal wear and tear or some other reason.
Damaged or faulty products will be replaced or repaired, where possible and subject to availability. Where possible, we will offer to repair the faulty item. If a product cannot be replaced or repaired, you may be eligible to receive a full refund if you notify us via email at firstname.lastname@example.org within ten (10) days of receiving your order.
We have made every effort possible to ensure the Product colors are displayed as accurately as possible. If you have any questions regarding the color of an item please contact us prior to placing your order via email at email@example.com.
At Mola Sasa we treasure the natural imperfections and slight variations in each product as a result of the handmade process. Due to the one-of-a-kind nature of our products, we do not offer returns unless a product you receive has been damaged. Please visit our Shipping and Returns page for complete Shipping and Returns policy.
11. Third Party Content
We may provide you with access to third-party tools or links to websites over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools and links to websites “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever for any loss or damage that may arise from or relating to your use of optional third-party tools and websites. Any use by you of optional tools and links to other websites offered through our site is entirely at your own risk and discretion. Further, you are solely responsible for ensuring that you are familiar with and approve of the terms on which tools and other websites are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. Contests and Promotions
On occasion https://www.magnetic-midnight.com issues promotional codes, which will provide a credit toward a purchase on the Website when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, Magnetic Midnight LLC reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.
Promotions are only eligible for full-priced products and are limited to one per transaction. Minimum cart totals may be required and will be communicated on any correspondence. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Magnetic Midnight LLC shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable. These are to be paid by you.
All promotions have an expiration date that will be indicated in your account or in any communication provided to the customer. Once a promotion has expired the amount may not be refunded.
Any and all https://www.magnetic-midnight.com contest rules and regulations will be communicated directly to the customer.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts of New York located in Manhattan with respect to such matters. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Terms and Conditions last updated: January 22, 2018